Edward v McDonald et al

Filing 41

ORDER signed by Magistrate Judge Craig M. Kellison on 1/11/2012 ORDERING that the USM's request for reimbursement of service costs is DENIED; and the 36 Order to Show Cause is DISCHARGED. (cc: USM) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MEL TYRONE EDWARD,

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Plaintiff,

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No. CIV S-10-0979-JAM-CMK-P

vs.

ORDER

D. SWINGLE, et al.,

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Defendants.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. On December 9, 2011, the court directed defendant Medina to show cause

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why the United States Marshal’s request for reimbursement of costs of personal service should

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not be granted. Defendant Medina filed his response on January 6, 2012. In his response,

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defendant Medina notes that the United States Marshal submitted a return of service indicating

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that personal service had been effected on an individual named Derek Bunnell. Because the costs

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incurred by the United States Marshal were not done so to effect service on defendant Medina,

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the request for reimbursement of service costs will be denied and the order to show cause will be

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discharged.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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The United States Marshal’s request for reimbursement of service costs

(Doc. 34) is denied; and
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The December 9, 2011, order to show cause is discharged.

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DATED: January 11, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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